Implementation of electoral rules during the parliamentary elections
and the national referendum in Poland on October 15, 2023. Cover Image

Realizacja zasad wyborczych podczas wyborów parlamentarnych i referendum ogólnokrajowego w Polsce z 15 października 2023 r
Implementation of electoral rules during the parliamentary elections and the national referendum in Poland on October 15, 2023.

Author(s): Krystian Kurkowski
Subject(s): Constitutional Law, Public Law, Electoral systems, Sociology of Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: parliamentary elections; national referendum; electoral rules;

Summary/Abstract: On October 15, 2023, parliamentary elections were held in Poland, which werecombined with voting in a national referendum. This project aroused numerous criti-cisms, which referred to the violation of electoral rules regulated in the Constitution.The aim of this study is to analyze whether the last elections combined withvoting in a national referendum implemented the electoral rules provided for by law,and specifically the legal act with the highest legal force – the Constitution of theRepublic of Poland.The analysis conducted leads to the conclusion that the parliamentary elections,which were held together with a nationwide referendum, did not fully meet the electoralrules regulated in the Constitution. Namely, there was a violation of the principle ofequality in its material aspect. This is exemplified by the disproportion in the numberof deputies running in relation to the number of people entitled to vote. Moreover, theelections were not equal insofar as this principle relates to equality of opportunity inthe conduct of an election campaign. The last elections also did not fully implementthe principle of secrecy. Refusal to collect the referendum card clearly placed the voteron one side of the political scene.

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 53-64
  • Page Count: 12
  • Language: Polish
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